To what extent does the law balance out the rights of the victims, offenders and society in the criminal investigation process?

Police makes the decision whether to investigate a crime based on the likelihood of success, available resources and priorities or the severity of the offence. Police can use several methods and authorised powers to assist their investigation. Most of NSW Police’s powers are listed out in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) is an act introduced in 2001, which outlines police powers and authority. Main police powers in investigating crime are: arrest, search and seizure, access to information (computerised operation policing system), interrogation and use force is necessary to carry out duties.

The public has a fascination and obsession over crime and criminals, but people want to know how those crimes are dealt with in the criminal justice system, in court and on the streets. “Now that the penal system has forsworn the former, and confined the latter within prison walls, the public turns to the news media. Stories relating to criminal justice are never far from the front pages and from the collective consciousness” (Roberts 99). We as American citizens have no choice but to watch the news or read the daily newspaper and get the latest crime right across the headlines. Learning about the new political and economic burning topics of the day seem to be at the majority of peoples interest.

Victimology draws together academics, activists, and policymakers from a variety of backgrounds and identifies three main victimological perspectives. Positivist victimology dates back to the emergence of victimology as a discipline in the 1940s. It looks to understand the process of victimisation and why people become victims of crime by examining the relationship between the victim and offender through an agency lens. Newburn (2013) identifies positivists such as Miers (1989) who see victimisation as being causal in nature and identify three key features:

The Criminal Justice process involves the gathering of evidence by the proper authorities, witness testimonies, expert testimonies, psychological examinations, forensics reports,

News reports daily of all of the many different crimes that has taken place. In today’s society, we depend upon the justice system. Criminal Justice is a big deal. The Criminal Justice system was put in place by the agencies and established by the governments to help control the crimes and apply penalties to those that violate the law. Many people feel that the criminal justice system is there to protect and serve while others feel that the criminal justice system fails them daily.

* The extent to which the law balances the rights of victims, offenders and society

One of the groups of people within the legal system that have discretionary powers are the police force. The discretionary powers that they have can be found in the Law Enforcement (powers and responsibilities) act 2002 (NSW) also known as (LEPRA). They can use their discretion in various areas one of which is during the investigation process. They have the discretion to decide whether or not to proceed with investigations. The only situation that they have to investigate is anything relating to domestic violence. In these situations, police can’t use their discretionary

Due process considers patrolling inside the criminal justice structure is critical to preserving integrity inside the social order. Being that it is currently in effect in the United States because this model places an emphasis and priority upon the arrest, prosecution, and conviction of criminals. The crime control model validates an attack on unlawful doings. The expression, “War on Crime” is debated by political figures plus officers on purposes to classify, track, separate, and eventually eradicate unlawful components in the general

Such protections however do not come to fruition without the involvement of a government prosecutor. This paper will analyze the essential part that a prosecutor has in criminal proceedings regarding victim’s rights. In particular, it will focus on the relationship between the two parties, the ethical rules and considerations a prosecutor must assess throughout the relationship, and the positive impact that such a relationship can have, not only for the

Can we as a nation, strike a balance between the liberty of the individual and the safety of citizens? And in order to strike that balance, should the bill of rights protect those accused of crimes? This contentious issue is one that causes us to truly think about our constitution’s purpose and how it is currently evolving within our country’s judicial system. On the one hand, many believe that because the nations’ crimes being committed are increasing in severity the rights of those accused of crimes should be curtailed. While on the other hand, many are not in favor of curtailing rights because they feel our legal system is designed to be just for all persons. The framers of our

Victims can pursue one or even a combination of three distinct goals. The first is too see to it that hard-core offenders who act as predators are punished, The second is to use the justice process as leverage to compel lawbreakers to undergo rehabilitative treatment. The third possible aim is to get the court to order convicts to make restitution for any expenses arising from injuries and losses. Punishment is what comes to most people’s minds first, when considering what justice entails. Throughout history, people have always punished one another. However, they may disagree about their reasons for subjecting a wrongdoer to

Criminal justice is one of the most important systems which affect everyone’s life in the government of America. Within the system, although the debate over causes and solutions to crime will probably never end, the government has evolved and developed a criminal justice system for dealing with crimes. By deterring and mitigating crime, upholding social control, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts, the criminal justice system has a fundamental role in maintaining the national security. It also raises vital questions for each of American about fairness, security, and rights in a free society. Throughout a collection of articles in Criminal Justice, edited by Noël Merino for the Opposing

There are several stages to the Criminal Justice process. The process generally begins with a crime that has taken place. Once there is a crime committed law enforcement officers start with the investigation process. During this process facts are gathered, and witnesses are questioned in hopes of finding suspects.

Observers have noted in recent years a shift in government policy toward what is perceived as ‘redressing the balance’ in criminal justice, to be more advantageous to victims and less so to the accused. (have implications for current exclusionary rules)

Following such protocol could help in cases where classifying a person’s guilt is based on fact finding by way of fair and honest legal procedures instead of presenting facts alone. Because the rights listed in the Constitution are not simple, accountability and liability must be present for criminal justice officials and authorities. Equality and uniformity should have a place in the justice process.